Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members in each of pay grades of E–8 and E–9 who may be serving on active duty under section 10211 or 12310, or on full-time National Guard duty under the authority of section 502(f) of title 32 (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty: Number of members of that component who may be serving in the grade of: E–8 E–9 Army : 10,000 1,052 154   11,000 1,126 168   12,000 1,195 180   13,000 1,261 191   14,000 1,327 202   15,000 1,391 213   16,000 1,455 224   17,000 1,519 235   18,000 1,583 246   19,000 1,647 257   20,000 1,711 268   21,000 1,775 278   Army National Guard: 20,000 1,650 550   22,000 1,775 615   24,000 1,950 645   26,000 2,100 675   28,000 2,250 715   30,000 2,400 735   32,000 2,500 760   34,000 2,600 780   36,000 2,700 800   38,000 2,800 820   40,000 2,900 830   42,000 3,000 840   Navy : 10,000 340 143   11,000 364 156   12,000 386 169   13,000 407 182   14,000 423 195   15,000 435 208   16,000 447 221   17,000 459 234   18,000 471 247   19,000 483 260   20,000 495 273   21,000 507 286   22,000 519 299   23,000 531 312   24,000 540 325   Marine Corps : 1,100 50 11   1,200 55 12   1,300 60 13   1,400 65 14   1,500 70 15   1,600 75 16   1,700 80 17   1,800 85 18   1,900 89 19   2,000 93 20   2,100 96 21   2,200 99 22   2,300 101 23   2,400 103 24   2,500 105 25   2,600 107 26   Air Force : 500 75 40   1,000 145 75   1,500 208 105   2,000 270 130   2,500 325 150   3,000 375 170   3,500 420 190   4,000 460 210   4,500 495 230   5,000 530 250   5,500 565 270   6,000 600 290   7,000 670 330   8,000 740 370   10,000 800 400   Air : 10,000 1,350 550   12,000 1,466 594   14,000 1,582 636   16,000 1,698 676   18,000 1,814 714   20,000 1,930 752   22,000 2,046 790   24,000 2,162 828   26,000 2,278 866   28,000 2,394 904   30,000 2,510 942   32,000 2,626 980   34,000 2,742 1,018   36,000 2,858 1,056   38,000 2,974 1,094   40,000 3,090 1,132  .

If the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the table in subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the table in subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in the table at the same proportion as is reflected in the nearest limit shown in the table.

Whenever the number of members serving in pay grade E–9 for duty described in subsection (a) is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for pay grade E–8.

Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve enlisted members that may be on active duty or full-time National Guard duty as described in subsection (a) for a reserve component in a pay grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for that grade and reserve component in the table.

(1) Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve enlisted members that may be on active duty or full-time National Guard duty as described in subsection (a) for a reserve component in a pay grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for that grade and reserve component in the table.

(2) Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made.

In this section, the term “full-time reserve component duty” has the meaning given the term in section 12011(e) of this title.

(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 104–106, div. A, title IV, § 414(b), title XV, § 1501(b)(10), Feb. 10, 1996, 110 Stat. 288, 496; Pub. L. 105–261, div. A, title IV, § 414(b), Oct. 17, 1998, 112 Stat. 1998; Pub. L. 106–65, div. A, title IV, § 414(b), Oct. 5, 1999, 113 Stat. 586; Pub. L. 106–398, § 1 [[div. A], title IV, §§ 415(b), 421(c), 424(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–94 to 1654A–96; Pub. L. 107–107, div. A, title IV, § 415(b), Dec. 28, 2001, 115 Stat. 1073; Pub. L. 108–375, div. A, title X, § 1084(d)(34), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 109–163, div. A, title V, § 515(b)(1)(II), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 110–417, [div. A], title V, § 512(c), Oct. 14, 2008, 122 Stat. 4440; Pub. L. 115–232, div. A, title V, § 515(b), Aug. 13, 2018, 132 Stat. 1753.)